My research questions are
the following: what is forensic linguistics, why is it useful and what is it
used for? I chose these questions because I also study law and while I was
reading cases, I realized how important language use can be during a trial or during
legal proceedings.
Forensic linguists are able
to identify the writer of a text or the circumstances of the speaker from an
audio recording. Those are just a couple of reasons why forensic linguistics
should be discussed and that is the reason why I chose these topics. I found
three very interesting articles in connection with my research that fully cover
my research questions because they state what forensic linguistics is, what is
it good for and where and how is it used in legal cases.
Olsson,
J., & Luchjenbroers, J. (2014). Forensic Linguistics (3rd ed.).
United Kingdom: Bloomsbury.
Olsson and Luchjenbroers
examine the significance of forensic linguists in different legal cases. They
argue that with the help of forensic linguists, legal cases or proceedings and
private disputes between parties – that may lead later to legal actions – can
be processed more easily. After they describe what forensic linguistics is,
they start to write about legal cases and how this kind of knowledge can help
with them to find out the truth.
Furthermore, they examine
how at each stage of a legal proceedings (investigative, trial and appeal
stage) forensic linguistics can be used to discover the truth. Olsson and
Luchjenbroers claim that in the investigative stage, forensic linguists can
help to throw any light on the cause or circumstances of the death. In the
trial stage, any question concerning texts can come up, such as “Who wrote
this?” or “Was there a threat during the recording of the audio?”. In the
appeal stage, forensic linguists are called to further investigate the wording,
the interpretation or the authorship of a text or even give a new
interpretation for a forensic text. The authors mention also private matters in
which forensic linguistics can be helpful. In these cases, linguists will need
to help with, for example, the identification of the author of a hate mail or
plagiarism.
This article gives a clear
overview of what forensic linguistics is. Olsson and Luchjenbroers talk about the
stages of legal proceedings and how forensic linguistics can be used at every stage.
Out of my three research materials, this book was indeed the best source to understand
and to get more information about forensic linguistics in general due to the fact
that the book starts with a general overview of forensic linguistics and after that,
the writers talk about private matters in which forensic linguistics is used. As
a matter of fact, this book answers two of my questions because it introduces the
readers to what forensic linguistics is and to what it is used for.
McMenamin,
G. (2002). Forensic Linguistics: Advances in Forensic Stylistics (1st
ed.). United States: CRC Press.
McMenamin puts an emphasis
on presenting an introduction to language for a non-linguist in general and
with the help of this general introduction, also telling about how forensic
linguistics is connected to the field of applied linguistics. He examines how
different parts of applied linguistics, such as language acquisition,
individual differences in language acquisition and written language and its
authorship questions, become the basis for understanding the goals and methods
of forensic linguistics and forensic stylistics. Furthermore, he talks in
detail about how forensic phonetics helps linguists to identify the authorship
of a text or audio recording, which is helpful during the legal proceedings.
McMenamin uses understandable arguments, logically built up claims, charts and
pictures throughout his work that all help the reader to easily understand
everything.
This article gives indeed a good
description of the methods of forensic linguistics and forensic stylistics – especially
forensic phonetics – that can clear authorship questions in a legal case. This article
is useful as additional information because it talks about forensic phonetics too
but it does not give full answer to my questions on its own.
Eades,
D. (2005). Applied Linguistics and Language Analysis in Asylum Seeker Cases. In
Applied Linguistics (4th ed., Vol. 26, pp. 503-526). New England: Oxford
University Press.
Eades deals with the
description of the applications of different forensic linguistic methods in
immigration issues, especially in refugee cases, to determine eligibility for
refugee status through validating nationality claims.
The study starts with the
author’s general introduction of forensic linguistics, in which she shows the
connection between other fields of applied linguistics and forensic linguistics
that is similar to Mcmenamin’s way of introducing this new field of applied
linguistic to the readers. After that, Eades examines the significance of
forensic linguistics in legal cases. She talks about how forensic linguistic is
becoming one of the tools of the investigations of refugee cases. Forensic
linguists can help with refugees’ language analysis in cases where they do not
have proof of their nationality and origins.
On the other hand, she
outlines the concerns of forensic language analysis in asylum seeker cases, too.
She claims that there are overgeneralized assumptions and practices in the
linguistic identification of asylum seekers that might give false results and
lead to false conclusions. Instead of talking about the connection between
forensic linguistics and applied linguistics throughout her whole study – as
McMenamin does – she focuses on real cases and the actual use of forensic
techniques during the legal proceedings of asylum seekers.
This article gives real life
examples of cases where forensic linguistics was the most important key in
order to solve the asylum seeker cases. Eades’s research article was important
in my research because it proved my original thoughts about the importance of forensic
linguistics in legal cases. Eades proved with logical arguments from real life experience
why forensic linguistics is one of the most important factors during an asylum seeker
case and that it is useful also in other legal proceedings too. This article is
useful because of its focus on real life examples that are more convincing than
the theoretical ones.
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